I would think so. Adding a number 3 to the second group would also mean a state cannot prevent someone from traveling to another state to fill a prescription for an FDA-approved abortion pill (provided they consume the pills in the other state and do not bring the actual drugs back into the state where they are banned) and the state also cannot prevent the person from the leaving the state for that express purpose. The same would apply to abortion procedures.Abortion lawsuits place federal drug authority in the crosshairs
Recent lawsuits challenging bans and restrictions on an abortion drug are invoking federal preemption authority, but legal experts aren’t sure how the courts will decide.www.nationaljournal.com
With the last century of distorting the interstate commerce clause, I'm not sure what will happen (the rest of this post is what I would like to happen)
From a rudimentary viewpoint... If
How the intersection of the above doesn't result in
- The federal gov has the right to preempt state law with respect to interstate commerce,
- Abortion is a state level issue wrt regulation/banning, and
- A given abortion pill is an FDA-approved for the mother's safety
Wouldn't the latter 1 & 2 be the intent of the interstate commerce clause and obey federalism?
- A state can ban such a pill but that same state
- Cannot stop a shipment of such pills from being transported through the state for extra-state commerce that is otherwise legal. (naively, this would be akin to how a standard capacity magazine may go through the Chicago post office)
Yep. Just like with guns today.Abortion lawsuits place federal drug authority in the crosshairs
Recent lawsuits challenging bans and restrictions on an abortion drug are invoking federal preemption authority, but legal experts aren’t sure how the courts will decide.www.nationaljournal.com
With the last century of distorting the interstate commerce clause, I'm not sure what will happen (the rest of this post is what I would like to happen)
From a rudimentary viewpoint... If
How the intersection of the above doesn't result in
- The federal gov has the right to preempt state law with respect to interstate commerce,
- Abortion is a state level issue wrt regulation/banning, and
- A given abortion pill is an FDA-approved for the mother's safety
Wouldn't the latter 1 & 2 be the intent of the interstate commerce clause and obey federalism?
- A state can ban such a pill but that same state
- Cannot stop a shipment of such pills from being transported through the state for extra-state commerce that is otherwise legal. (naively, this would be akin to how a standard capacity magazine may go through the Chicago post office)
The travel thing is where I get hung up a little, but I'm inclined to agree with you. The intent outside of the state, assuming the activities in the destination are legal, shouldn't itself make the traveling itself illegal.I would think so. Adding a number 3 to the second group would also mean a state cannot prevent someone from traveling to another state to fill a prescription for an FDA-approved abortion pill (provided they consume the pills in the other state and do not bring the actual drugs back into the state where they are banned) and the state also cannot prevent the person from the leaving the state for that express purpose. The same would apply to abortion procedures.
Yes, I agree, the prescribing doctor and the pharmacy filling the prescription would both have to be in a state where the pill is legal.Not accusing you of saying this but just to add: I imagine that a doctor in a state could be barred from prescribing such a pill to a resident or that an intrastate pharmacy could be prohibited from filling out that banned pill.
I can’t see too many reproductive doctors prescribing methotrexate for a patient with cancer or lupus. The reason would be obvious.Yes, I agree, the prescribing doctor and the pharmacy filling the prescription would both have to be in a state where the pill is legal.
One sticky point might be drugs that have multiple uses, such as methotrexate. It can be used to induce abortion, but it's also a chemotherapy drug used to treat multiple cancers and autoimmune disorders. An in-state pharmacy might be able to fill the prescription since they wouldn't necessarily know what it was prescribed for. An in-state doctor could still be barred from prescribing it for abortion though.
I’m absolutely shocked. Now let’s get some people outside of the non biologist’s home, the wise Latina’s home, and the never-served-a-day-as-a-judge-before-joining-the-Supreme-Court’s-home and see how fast protesters heads get knocked and how many are arrested.Garland looks to hand off security duty for Supreme Court justices
Sen. Katie Britt unveiled training materials showing that marshals were discouraged from arresting protesters.www.politico.com
Let's see which bingo card square do you have?
Does not matter if video/audio 4k resolution existed of who and how it went down. Nothing would come of it.
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I would think it would be someone working for one of them. They wouldn't want to chance getting caught themselvesI suspect one of the leftists justices…
Did that someone working for them get a nod or an order or are they just freelancing?I would think it would be someone working for one of them. They wouldn't want to chance getting caught themselves
Plausible deniabilityDid that someone working for them get a nod or an order or are they just freelancing?